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(영문) 부산지방법원 2018.04.18 2017나55558
임대차보증금반환
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 16, 2015, the Plaintiff completed the registration of incorporation as a company that sells or leases real estate. 2) The Defendant is the owner of the fourth-story building located in Busan Metropolitan Government D (hereinafter “instant building”).

B. On April 11, 2014, a lease agreement between C and the Defendant (the representative director of the Plaintiff) entered into between the Defendant and the second floor of the instant building (hereinafter “instant office”) with respect to the lease deposit amounting to KRW 20,000,000, monthly rent of KRW 2,350,000 (excluding value-added tax), monthly management fee of KRW 150,000, monthly management fee of KRW 150,000, and the lease period of April 5, 2015.

C and the defendant agreed at the time of the above lease agreement that "the lessee may be reconstructed or altered with the approval of the lessor, but the original restoration key at the lessee's expense prior to the date of return of the real estate, and the facilities shall be restored to its original state upon the expiration of the lease period."

C. On April 5, 2015, the Plaintiff and the Defendant requested the Defendant to conclude a lease agreement again under the name of the Plaintiff, and accordingly, on April 5, 2015, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with respect to the instant office as to the lease deposit amount of KRW 30,000,000, monthly rent of KRW 2,700,000 (excluding value-added tax), monthly management fee of KRW 350,00,000, monthly management fee of KRW 350,000, and the lease agreement between April 5, 2017 (hereinafter “instant lease agreement”). In concluding a lease agreement between the Defendant and the Defendant, KRW 20,000,000, out of the lease deposit amount, shall be substituted for the deposit that was paid by the previous C, and additionally paid the remainder of KRW 10,000

At the time of the instant lease agreement, the Plaintiff and the Defendant agreed that “the lessee may be reconstructed or altered with the approval of the lessor, but the original restoration key at the lessee’s expense prior to the date of return of real estate shall be the original restoration key, the restoration to the original state: the vacant space in which the store is paid, and the current door shall be replaced.”

The plaintiff is entitled to pay the rent and management fee.

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